(a) A person seeking a lease, permit,
concession, or other interest for use of airport property or seeking a material
amendment to an interest the person already holds may submit an application
under this section. The person must submit the application in writing to the
airport manager and must include
(1) a
description of the property or interest requested;
(2) a description of the proposed activity or
business and, if the person proposes a business use, the applicant's business
plan;
(3) a description, site plan,
cost estimate, and method of financing for the proposed improvements;
(4) a list of any aircraft that the applicant
intends to base on the airport;
(5)
any application fee established under
17 AAC 42.125; and
(6) the length of term or extension
requested.
(b) If an
applicant applies for either a land lease or a land lease term extension based
on investment, purchase price, fair market value, useful life, or remaining
useful life of the permanent improvements, the applicant shall submit with the
application
(1) a statement of the dollar
amount, excluding financing costs, of any proposed investment in the premises
and the applicant's written agreement to make that investment for, as
applicable,
(A) construction of permanent
improvements on the premises, including the cost of design, labor, materials,
shipping, permits, equipment, soil testing, and environmental assessments
directly related to the construction;
(B) premises boundary and as-built
surveys;
(C) earthwork, including
excavating, filling, and grading;
(D) fill material, gravel, and
pavement;
(E) remediation of
environmental contamination, except that, if the applicant caused or materially
contributed to the contamination, the applicant may not include the costs of
remediation to justify all or part of the term of a land lease or land lease
term extension under this section or
17 AAC 42.225; and
(F) costs related to utility infrastructure
development or connection;
(2) documentation of the purchase price,
excluding financing costs, of permanent improvements that the applicant
acquired from a previous lessee and that are located on the premises;
(3) documentation of the additional
investment, excluding financing costs, the applicant has previously made for
work on the premises described in (1)(A) - (E) of this subsection if the
airport manager
(A) approved that work in an
airport building permit or other written approval under
17 AAC 42.280 or under 17 AAC 40
in effect before January 14, 2001; and
(B) did not previously consider that work in
setting the initial term of the lease or any subsequent lease term
extension;
(4) a written
appraisal, prepared in accordance with
17 AAC 42.230(a) (3), of the fair market value of the
permanent improvements that the applicant owns or has contracted to acquire
that are located on the premises;
(5) a written opinion, prepared in accordance
with 17 AAC 42.230(a) (4), of the useful life of new permanent
improvements the applicant proposes to construct on the premises; or
(6) a written opinion, prepared in accordance
with 17 AAC 42.230(a) (5), of the remaining useful life of the
existing permanent improvements that the applicant owns or has contracted to
acquire that are located on the premises.
(c) An application for a succeeding land
lease or for a land lease term extension may not be submitted earlier than one
year before the expiration of the lease term unless the applicant
(1) proposes to make an additional investment
in the premises and submits the information and agreement described at (b)(1)
of this section supporting that investment;
(2) has purchased permanent improvements on
the premises and submits the information described at (b)(2) of this section to
document that purchase; or
(3) has
made an additional investment in the premises that the airport manager did not
previously consider in setting the initial term of the lease or any subsequent
lease term extension and submits the information described at (b)(3) of this
section to document that investment.